Fylpaa v. Brown County
South Dakota Supreme Court
Appeal from circuit court, Brown county. Hon. A. W. Campbell, Judge. Action against Brown county to recover compensation for services as county treasurer. Defendant had judgment and plaintiff appeals. The facts are stated in the opinion. The payment of money as salary to a de facto officer, who is not legally entitled to claim and receive it, is no defense to an action by the party who is in law entitled to it.
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Appeal from circuit court, Brown county. Hon. A. W. Campbell, Judge. Action against Brown county to recover compensation for services as county treasurer. Defendant had judgment and plaintiff appeals. The facts are stated in the opinion. The payment of money as salary to a de facto officer, who is not legally entitled to claim and receive it, is no defense to an action by the party who is in law entitled to it. Andrews v. Portland, 79 Me. 484; Dorsey v. Smith, 28 Cal. 21; Savage v. Packard, 14 Leo 46; Memphis v. Woodward, 12Heisk499. A de facto officer is not entitled to receive the salary of…
1Opinion of the CourtFuller, J.
Plaintiff, Fylpaa, and Frank R. Raymond Were opposing candidates for the office of county treasurer, at the general election held in November, 1890. The county canvassing board issued a certificate of election to Raymond, and plaintiff instituted in the circuit court a contest proceeding, which was decided in his favor on the 5th day of January, 1891, and in which it was found, ordered, and decreed by the court that plaintiff, was the duly-elected treasurer for a term of two years, beginning in January, 1891, and that Raymond be enjoined from claiming or holding said office, or from in anyway…
2Cases cited7 opinions
- Board of Auditors v. BenoitMichigan Supreme Court · 1870
- McVeany v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1880
- People ex rel. Dorsey v. SmythCalifornia Supreme Court · 1865
- Andrews v. City of PortlandSupreme Judicial Court of Maine · 1887
- Jayne v. DrorbaughSupreme Court of Iowa · 1883
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3Cited by15 opinions
- Foster v. Superior CourtCalifornia Supreme Court · 1896
- Fawcett v. Superior CourtWashington Supreme Court · 1896
- Aetna Casualty & Surety Co. v. Board of SupervisorsSupreme Court of Virginia · 1933
- Palmer v. HarrisSupreme Court of Oklahoma · 1909
- State ex rel. Bickford v. FabrickNorth Dakota Supreme Court · 1907
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